ORS Chapter 368

Chapter 368 — CountyRoads

2009 EDITION

COUNTYROADS

HIGHWAYS,ROADS, BRIDGES AND FERRIES

GENERALPROVISIONS

368.001 Definitions

368.011 Countyauthority to supersede statutes; limitations

368.016 Countyauthority over roads; limitations

368.021 Countyauthority over trails

368.026 Withdrawalof county road status; report; notice; hearing

368.031 Countyjurisdiction over local access roads

368.036 Standardsfor county roads and road work

368.039 Roadstandards adopted by local government supersede standards in fire codes;consultation with fire agencies

368.041 Widthsof county roads; maintenance of designated roads as county roads

368.046 Countyroad official; duties

368.051 Accountingfor county road work

368.056 Permitfor gate construction on public road

368.062 Transferringroad within city to county jurisdiction

ACQUISITIONOF PROPERTY FOR ROADS

368.073 Initiationof proceedings to acquire property for road purposes

368.081 Requirementsfor petition to initiate road proceedings

368.086 Roadproceedings; hearing; notice

368.091 Owners’rights to terminate road proceedings

368.096 Alternativemethods to acquire property for roads

368.101 Authorityto change road proceedings; limitation

368.106 Recordsand survey of property acquired for road

368.111 Assessmentof costs and damages from road proceedings

368.116 Acquisitionof railroad right of way

368.121 Financialassistance to persons displaced by county road acquisition; rules

368.126 Orderestablishing new road along existing road to identify parts of existing road tobe vacated

368.131 Rightof way over United States public lands

ROADVIEWERS

368.161 Useof road viewers to establish road

368.166 Roadviewer report; hearing; notice

368.171 Order,costs and damages under proceeding with road viewers

LEGALIZATIONOF ROADS

368.201 Basisfor legalization of road

368.206 Proceedingsfor legalization of roads; report; notice

368.211 Compensationfor property affected by road legalization

368.216 Orderunder road legalization proceeding

368.221 Legalization;county determination of lesser width

ROADHAZARDS

368.251 Obstructionof road drains prohibited

368.256 Creationof road hazard prohibited

368.261 Orderto abate road hazard

368.266 Hearingon abatement of road hazard; notice

368.271 Abatementof road hazard by county

368.276 Hearing,notice and costs when county abates road hazard

368.281 Countyrecovery of costs for road hazard abatement; lien

VACATIONOF COUNTY PROPERTY

368.326 Purposeof vacation proceedings; limitation

368.331 Limitationon use of vacation proceedings to eliminate access

368.336 Abuttingowners in vacation proceedings

368.341 Initiationof vacation proceedings; requirements for resolution or petition

368.346 Report,notice and hearing for vacation proceedings

368.351 Vacationwithout hearing

368.356 Orderand costs in vacation proceedings

368.361 Intergovernmentalvacation proceedings

368.366 Ownershipof vacated property

NOTICE

368.401 Generalnotice provisions

368.406 Noticeby service

368.411 Noticeby posting

368.416 Noticeby publication

368.421 Recordof notice

368.426 Contentsof notice

COUNTYROAD FUNDS

368.705 Countyroad fund; use of fund

368.710 Apportionmentof certain local option taxes; compression

368.715 Usingcounty funds for noncounty roads during emergency

368.720 Usingroad funds outside of county

368.722 Expenditureof general road fund on city streets and bridges

MISCELLANEOUSPROVISIONS

368.910 Ownerto repair sidewalks and curbs along road; county may repair if owner fails

368.915 Paymentand reimbursement when county makes repairs

368.920 Expenseof repairs as lien on abutting property

368.925 Delinquencyin paying assessment for repairs; execution sale

368.942 Postingnotices, signs or pictures on structures within county road right of wayprohibited

368.945 Authorityof county road official to remove unlawfully posted matter

368.950 Applicabilityof ORS 368.942 and 368.945

368.955 Postingnotices, signs or pictures within view of county road on property of anotherwithout consent prohibited

368.960 Authorityof property owner to remove unlawfully posted matter

PENALTIES

368.990 Penalties

GENERALPROVISIONS

368.001Definitions.As used in this chapter:

(1)“County road” means a public road under the jurisdiction of a county that hasbeen designated as a county road under ORS 368.016.

(2)“County road official” means the roadmaster, engineer, road supervisor, publicworks director or other administrative officer designated by the countygoverning body as being responsible for administration of the road activitiesof the county.

(3)“Local access road” means a public road that is not a county road, statehighway or federal road.

(4)“Owner” means a vendee under a recorded land sale contract or, if there is norecorded land sale contract, the holder of the record title of land if thevendee or holder has a present interest equal to or greater than a life estate.

(5)“Public road” means a road over which the public has a right of use that is amatter of public record.

(6)“Road” means the entire right of way of any public or private way that providesingress to or egress from property by means of vehicles or other means or thatprovides travel between places by means of vehicles. “Road” includes, but isnot limited to:

(a)Ways described as streets, highways, throughways or alleys;

(b)Road related structures that are in the right of way such as tunnels, culvertsor similar structures; and

(c)Structures that provide for continuity of the right of way such as bridges. [1981c.153 §2]

368.005 [Amended by1971 c.135 §1; repealed by 1981 c.153 §79]

368.010 [Amended by1963 c.501 §1; repealed by 1981 c.153 §79]

368.011County authority to supersede statutes; limitations. (1) Except asotherwise provided in this section, a county may supersede any provision inthis chapter by enacting an ordinance pursuant to the charter of the county orunder powers granted the county in ORS 203.030 to 203.075.

(2)A county may not enact an ordinance to supersede a provision of this section orORS 368.001, 368.016, 368.021, 368.026, 368.031, 368.051, 368.705, 368.710,368.720 or 368.722. [1981 c.153 §3; 2007 c.679 §3]

368.016County authority over roads; limitations. (1) Except as provided in thissection or as otherwise specifically provided by law, the exercise ofgovernmental powers relating to a road within a county is a matter of countyconcern.

(2)A county governing body:

(a)Does not have jurisdiction over any public road that is a state highway.

(b)Shall only take action involving a local access road within a city if the citygoverning body consents to the action.

(c)May by resolution or order make any public road within its jurisdiction acounty road.

(3)Any road that has a classification as a county road on November 1, 1981, shallretain that classification unless the classification is changed under ORS368.026 or as otherwise provided by law.

(4)A county governing body may seek assistance from the Department ofTransportation as provided under ORS 366.155. [1981 c.153 §4; 1993 c.741 §44]

368.021County authority over trails. (1) A county governing body has thesame jurisdiction over trails as it has over local access roads.

(2)This section applies to trails that:

(a)Are easements over land or by watercourse that are not part of a road right ofway;

(b)Provide certain forms of ingress to or egress from land or water or permittravel between places;

(c)Do not provide vehicle access of the type provided by a road; and

(d)Are not under the jurisdiction of a state or federal agency. [1981 c.153 §5]

368.026Withdrawal of county road status; report; notice; hear